Personal Injury & Wrongful Death

Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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How Lawyers Use Medical & Forensic Evidence in Wrongful Death Cases

Losing a loved one unexpectedly due to someone else’s negligence is devastating.

In such tragic circumstances, hiring a wrongful death lawyer becomes essential.

If you’re located in Atlanta and facing such a difficult time, finding the right wrongful death lawyer near me can make a significant difference.

An experienced Atlanta wrongful death lawyer understands the nuances of medical and forensic evidence, which can profoundly impact the outcome of your case.

At Finch
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How an Atlanta Medical Malpractice Lawyer Can Help You

If you or a loved one has been harmed due to a healthcare provider’s negligence, seeking justice can feel overwhelming.

Navigating the complexities of a medical malpractice lawsuit requires deep legal knowledge, aggressive representation, and compassion.

That’s where an experienced medical malpractice lawsuit lawyer in Atlanta becomes your most valuable ally.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, nurse, hospital, or any healthcare professional breaches the standard of care, causing
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Medical Negligence vs. Malpractice: What’s the Legal Difference?

When seeking justice for an injury caused by a healthcare provider, many people struggle to understand the difference between medical negligence and medical malpractice.

While these terms are often used interchangeably, they have distinct legal meanings that impact how a case is handled in court.

If you’re searching for how to find a medical malpractice lawyer or need a medical malpractice lawyer near me in Atlanta, understanding this difference is crucial.

This article will help
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The Most Dangerous Highways for 18-Wheeler Accidents

Atlanta, a major transportation hub in the Southeast, is home to some of the busiest and most dangerous highways in the country.

The city’s intricate network of interstates and major roads experiences heavy commercial truck traffic daily, increasing the risk of severe 18-wheeler accidents.

These massive vehicles, often weighing up to 80,000 pounds, pose significant dangers when involved in collisions.

For victims of such accidents, the consequences can be devastating—leading to severe injuries, loss of
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How Wrongful Death Settlements Are Paid Out in Georgia

Losing a loved one due to another party’s negligence or misconduct is devastating.

While no amount of money can truly compensate for the loss, Georgia law allows families to seek financial relief through a wrongful death lawsuit.

These claims aim to provide monetary compensation for lost income, emotional suffering, and other damages caused by the wrongful death.

Understanding how wrongful death settlements are paid out is crucial for families navigating this difficult process.

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How to Find a Top-Rated Truck Accident Lawyer in Atlanta Fast

In the bustling streets and highways of Atlanta, truck accidents can happen in the blink of an eye—often with devastating consequences.

If you or a loved one has been involved in a serious truck accident, you don’t have time to waste. You need legal representation that’s experienced, effective, and fast.

But with so many options available, how do you find a top-rated truck accident lawyer in Atlanta quickly?

This guide will walk you through everything
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Medical Malpractice Lawyer: 5 Must-Have Qualities

Medical malpractice is one of the most complex legal areas, requiring a lawyer with extensive experience, resources, and legal acumen.

If you or a loved one has suffered due to a healthcare provider’s negligence in Atlanta, you need an attorney who can fight for justice and secure fair compensation.

However, how to choose a medical malpractice lawyer is a critical decision that can significantly impact the outcome of your case.

With so many lawyers offering
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Driver Fatigue and Truck Accidents: Who’s Liable?

Truck accidents are some of the most devastating and dangerous incidents on the road.

Due to their massive size and weight, semi-trucks can cause catastrophic damage in collisions, leading to severe injuries and fatalities.

One of the leading causes of truck accidents is driver fatigue, a condition that impairs reaction time, decision-making abilities, and overall vehicle control.

Fatigue is a significant risk in the trucking industry, where drivers are often
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Rollover Truck Accidents: Causes, Injuries, and Legal Options

A rollover truck accident is one of the most catastrophic types of crashes, often leading to severe injuries and significant legal complexities.

If you or a loved one has been involved in such an accident, consulting a truck accident lawyer is essential to protect your rights and pursue fair compensation.

This article explores the primary causes of rollover truck accidents, the injuries they cause, and the legal options available to victims.

Understanding Rollover Truck Accidents

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Medical Malpractice Lawyer vs. Personal Injury Lawyer: Who Should You Hire?

When facing injuries caused by negligence, choosing the right legal expert is essential.

Many people struggle to decide whether they need a medical malpractice lawyer near you or a personal injury lawyer.

While both handle injury claims, the key differences lie in their areas of expertise, the types of cases they take on, and the legal process involved.

If you’re in Atlanta, knowing when to hire a medical malpractice attorney versus a personal injury lawyer
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